U.S. Supreme Court Rejects Montana’s River Ownership Claims
The U.S. Supreme Court has issued its decision in PPL Montana v. State of Montana, a fascinating case that combines the colorful history of the American West, the issue of the public's access to state waterways, and a dispute over hefty royalties claimed to be owed the State of Montana for unpermitted use of public lands by a private energy company. In a unanimous opinion authored by Justice Anthony Kennedy, the Supreme Court ruled that Montana state courts had misapp...
CONTINUE READINGPeter Gleick, the Heartland Institute, and Scientific Ethics
The Heartland Institute is a climate denial shop well-funded by fossil fuel interests and standard right-wing extremist foundations, which has underwritten attacks on climate scientists and has plans to disrupt authentic climate science education in K-12 classrooms. Peter Gleick is one of the most respected scientific researchers in the world, who has done extremely important work in climate and water research. So it is frustrating, to put it mildly, to find...
CONTINUE READINGLegal Planet Takes Over the Yale Law Journal
Along with Dan, I also have a response to the Ewing/Kysar paper at YLJ Online. (For those of your keeping score at home, two out of three commissioned responses were Legal Planet bloggers: we win!). It should surprise no one that while Dan's is elegant and technical, mine is cranky and dyspeptic. Here's the abstract: This Essay comments on Benjamin Ewing and Douglas A. Kysar’s article, Prods and Pleas: Limited Government in an Era of Unlimited Harm. Ewing and Kysa...
CONTINUE READINGProds and Pleas/Stopgaps and Failsafes
In a recent article in the Yale Law Journal, Benjamin Ewing and Douglas Kysar discuss how other part of government can step in when Congress defaults on its responsibility to make public policy. Their article, Prods and Pleas: Limited Government in an Era of Unlimited Harm, focuses on the tort litigation involving climate change. Using this example, they delve into theories of separation of powers and show how overlapping powers can be used by courts to help prod...
CONTINUE READINGPlacing a Ceiling on Protection for Public Health
Governor Romney has endorsed an idea called regulatory budgeting, but it really means capping protection for public health. Romney’s position paper explains the concept as follows: To force agencies to limit the costs they are imposing on society, and to provide the certainty that businesses crave, a system of regulatory caps is required. As noted, the federal government has estimated that the existing regulatory burden approaches $1.75 trillion. We cannot afford tho...
CONTINUE READINGIs Rick Santorum a Pagan?
All the press coverage over Rick Santorum's idiotic suggestions that mainline Protestants aren't Christians, or that President Obama isn't a Christian, or that prenatal care increases abortion rates, or that people who favor prenatal care favor eugenics, have obscured his equally idiotic attacks on environmentalism: Santorum said that he was referring not to the president's faith but to environmentalism. "Well, I was talking about the radical environmentalists," he tol...
CONTINUE READINGGeoengineering and Conflicts of Interest?
Is it unethical for scientists studying techniques to geoengineer the earth's climate to advocate for additional government funding to expand the study of the science and geopolitics of the topic? That's the conclusion of a recent Guardian article that criticizes Harvard's David Keith and the Carnegie Institute's Ken Caldeira for a) receiving outside money to study geoengineering; b) having stakes in companies that are developing technology that could be used for geo...
CONTINUE READINGNew Pritzker Brief on Green Chemistry
If you have not yet seen it, I encourage you to check out our newest Pritzker Policy Brief, on California's Green Chemistry regulations. Written by our own Timothy Malloy, Toxics in Consumer Products takes a critical look at these new regulations. Fellow blogger Matt Kahn mentioned the other day that he was a big fan of California's Green Chemistry Initiative. I agree that the green chemistry movement shows a lot of promise for improving our largely ineffective chemic...
CONTINUE READINGDoes Anti-Environmental Literature Exist?
Paradise, For SomeIf you check out any list of top environmental writing (ours, for instance), you'll notice that it is less a list of writing about the environment, and more a list of writing concerning how to protect the environment. In other words, at some level it takes an explicit normative view. Now, that normative view is a big tent: Edward Abbey detested cities, and David Owen thinks that they are greener than rural areas. But all seem to think that prote...
CONTINUE READINGCalifornia’s Attorney General Steps Up Environmental Enforcement Efforts
A recent development worth noting is California Attorney General Kamala Harris' increased profile when it comes to environmental enforcement. Harris, the first woman and minority Attorney General in California history, had a busy first year in office. Her razor-thin election win in November 2010 took over a month to be confirmed, delaying her transition from San Francisco District Attorney to California's chief law officer. Upon taking office as Attorney General a...
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